La afectación emocional a los integrantes que forman parte del núcleo familiar, debido al apoderamiento ilegítimo de los animales de compañía

The present curricular integration work, entitled: "The emotional affectation to the members that are part of the family nucleus, due to the illegitimate seizure of pets", the interest for which I carried out the present investigative work, is because I consider that there is a need to typify a penal type in the Organic Integral Penal Code that punishes in a direct way the conduct of illegitimate seizure of pets, since it is a social and juridical problem. Having a pet brings positive benefits and, with the passage of time, a bond or emotional attachment is formed between the pet and the human being, considering the pet as part of the family. And if third parties illegitimately take possession of the pet, this will result in an emotional and psychological affectation for the members of the family nucleus or the person who was in charge and care of the pet. Existing in this way the violation of the protected legal good of the person who developed an affective bond with the pet animal, as well as the violation of the legal goods of the pet animal, given that they are subjects of protection, according to sentence No. 253-20-JH/22, issued by the Constitutional Court pertaining to the Chorongo monkey case, called "Estrellita", where it determined that animals are subjects of rights protected by the rights of nature, guaranteed in article 71 of the Constitution of the Republic of Ecuador. Therefore, they should not be considered as movable things, since there would be a contradiction with the Constitution of the Republic of Ecuador. In this Curricular Integration Work, resources, materials and methods that allowed the correct development of this research were applied, as well as surveys and interviews with legal professionals, psychologists and veterinarians, whose results were used for the basis of this work, in order to propose a legal proposal to ensure that the legal good of the person who created an affective bond and the pet animal is protected.

• Auteur principal: Malla Rivera, Anayely Paulina (author)
• Format: bachelorThesis
• Langue: spa
• Publié: 2024
• Sujets: DERECHO; NUCLEO FAMILIAR; ANIMALES; ECUADOR
• Accès en ligne: https://dspace.unl.edu.ec/jspui/handle/123456789/29684